LEGAL AND ETHICAL IMPLICATIONS OF CRIMINAL INVESTIGATION

 

 

When considering crime, one might argue, “We must use any means necessary to bring the perpetrator to justice.” But this kind of black-or-white thinking can often lead to ethical missteps and human rights violations. There must be checks and balances in place, just like in any other field where life and liberty are at stake.

The criminal justice system contains those checks and balances in the form of the law enforcement code of ethics, as well as policy guidelines and legal statutes. However, technology, tools, and practice models can change more quickly than the guidelines, leaving room for ethical dilemmas.

This week, you evaluate some of the current legal and ethical issues impacting criminal investigations.

Analyze technological advances related to DNA evidence
Analyze legal and ethical implications of DNA collection
Evaluate a legal and/or ethical issue related to criminal evidence and investigation
Propose a process, policy, or legal change based on legal and/or ethical issues related to criminal evidence and investigation

 

Sample Solution

The advancement of technology in the field of criminal investigations has allowed law enforcement to access DNA evidence more quickly and accurately than ever before. DNA testing is one of the most powerful tools at their disposal because it can be used to prove guilt or innocence with a high degree of accuracy. However, while this technology can be immensely beneficial, its application also carries several legal and ethical implications that must be taken into consideration.

One ethical implication is related to privacy concerns surrounding the collection of DNA samples. According to U.S law, individuals have a right to privacy that should not be infringed upon by government organizations collecting sensitive information (Perlman & Verrochi, 2018). This includes any data collected from a person’s genetic material as part of an investigation. There are laws in place that protect citizens from unwarranted searches but these laws do not always reflect the evolving nature of technology, leaving room for debate about which cases warrant such intrusive measures and how private information should be stored once collected (Moriarty et al., 2020).

Another issue centers around racial bias when using this type of evidence as well as other aspects from an individual’s profile such as race or gender (Vettese et al., 2019). Studies have shown that there may be discrepancies based on these factors which could lead to false convictions if proper precautions aren’t taken during an investigation (Harrison & Kleinman, 2017). Additionally, some groups feel their rights are violated due to over-investigation and profiling by law enforcement officers who may use cultural stereotypes instead objective facts when making decisions regarding certain suspects (Filipovic et al., 2020). For example minorities have reported being targeted more frequently than whites during stop-and-frisk episodes where officers claim they were looking for someone matching a suspect’s description despite having no real proof linking them with crime scene.

In conclusion, advances in DNA evidence collection technologies allows for quick identification but it is important for law enforcement personnel observe strict standards upheld by policy guidelines and legal statutes when utilizing this tool so innocent people do not become victims of biased decision making processes within criminal justice system.

This is an inquiry whose answer has been questioned since restorative recovery initially came into utilization. Some view it as, “permitting the state to act coercively against wrongdoers,” while others see it as, “permitting the state to act indulgently toward guilty parties,” (F Cullen and P Gendreau, 2012), while others view it as the main compassionate and successful technique for diminishing recidivism. In this exposition, I will show the two sides of this contention and the advantages and disadvantages to the two techniques, to deliver a fair and unprejudiced arrangement by looking at and contrasting Swedish penitentiaries (which select a more rehabilitative way to deal with) the UK framework (which has a more correctional methodology). I will likewise be referring to a few different free examinations which investigate the viability of remedial restoration.

Restorative recovery is characterized as, “”an arranged remedial mediation that objectives for change interior as well as friendly criminogenic factors fully intent on decreasing recidivism and, where conceivable, of working on different parts of a guilty party’s life,” (F Cullen, n.d.) and is established upon the possibility that, by handling the base of their concern, individuals can improve. These days, this is finished through treatment that assists with handling medication or liquor issues, and endeavors to get to the foundation of why they irritated, as well as showing prisoners important fundamental abilities which they can utilize when they are delivered once more into society. In any case, this strategy is moderately late and was just established and explored somewhere in the range of 1930 and 1950; one of the primary instances of a more rehabilitative methodology was in 1787 when Dr Benjamin Rush lead the “Philadelphia Society for Mitigating the Tragedies of Public Detainment facilities [… ] The Quakers figured isolation could change hoodlums. In such cells, the guilty parties could thoroughly consider their unfair ways, atone, and change.” (Encyclopedia.com, 2005). Not long after this, prisons were created, which presented work during the day and imprisonment during the evening, and gave detainees more design to their day to day routines and something helpful to do with their time. Restoration filled in fame during the mid twentieth hundred years and turned out to be generally utilized until the 70s and 80s, where it turned out to be considerably less great (B Huebner, 2009), perhaps because of a negative ‘Nothing Works paper composed by Robert Martinson in 1974, which uncovered the failure of most treatment programs. From that point forward there have been various strategies for improving detainees, the main change is the latest model.

The possibility of discipline, nonetheless, is “the punishment or burden of a punishment as retaliation for an offense.” (Oxford Word references | English, n.d.), and in essential terms, utilizes discipline to instruct wrongdoers that negative activities have unfortunate results. This has gone back since society created (before this, it was the occupation of the family to teach the culprit). Early texts, for example, the Good book characterized what was an offense and its fitting discipline, which frequently involved being constrained into servitude for a long time as domains created. For more awful wrongdoings, the punishment was demise or expulsion, which then advanced into transient detainment followed by torment which turned out to be progressively utilized in the Archaic time frame. To go with this, new torment gear, the ‘Iron Lady’ for example, was concocted. Being hung, drawn and quartered, extended

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